ENGROSSED

H. B. 4436


(By Delegates Boggs, Mahan,

Ashley and Perdue)


[Introduced February 8, 2000; referred to the

Committee on Health and Human Resources]




A BILL to amend and reenact section two, article nine-a, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to sales of tobacco and tobacco related products; requiring verification of age by means of reliable photographic identification containing the person's date of birth prior to sales of tobacco and tobacco related products to certain persons; restricting direct access to certain tobacco and tobacco related products; providing exemptions and providing criminal penalties for violations.

Be it enacted by the Legislature of West Virginia:

That section two, article nine-a, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that said article nine-a be amended by adding thereto a new section, designated section eight, all to
read as follows:
ARTICLE 9A. TOBACCO USAGE RESTRICTIONS.

§16-9A-2. Sale or gift of cigarette, cigarette paper, pipe, cigar, snuff, or chewing tobacco to persons under eighteen; manner of displaying and offering for sale; penalty.

(a) No person or business entity may sell, give or furnish, or cause to be sold, given or furnished, to any person under the age of eighteen years:
(a) (1) Any cigarette, cigarette paper or any other paper prepared, manufactured or made for the purpose of smoking any tobacco or tobacco product; or
(b) (2) Any cigar, pipe, snuff, chewing tobacco or tobacco product, in any form.
(b) The tobacco and tobacco related products identified in subsection (a) of this section may not be sold at retail to any person under twenty-seven years of age unless the seller first verifies that person's age by means of reliable photographic identification containing the person's date of birth or other documentary evidence of the person's age.
(c) The requirements contained in subsections (b) and (c) of this section do not preempt any other state or local provisions that provides for more restrictive regulation of the sale of tobacco and tobacco related products.
(d) Any firm or corporation which violates any of the provisions of subdivision subsection (a), or (b) or (c) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined twenty-five dollars for the first offense. Upon any subsequent violation by that firm or corporation at the same location or operating unit, the firm or corporation shall be fined as follows:
(1) At least fifty dollars but not more than one hundred dollars for the second offense, if it occurs within two years of the first conviction;
(2) At least fifty dollars but not more than two hundred dollars for the third offense, if it occurs within two years of the first conviction;
(3) At least one hundred dollars but not more than three hundred dollars for the fourth offense, if it occurs within five years of the first conviction; and
(4) At least one hundred dollars but not more than three hundred fifty dollars for the fifth and any subsequent offenses, if the fifth or subsequent offense occurs within five years of the first conviction.
(e) Any person individual who violates any provision of subdivision subsection (a), or (b) or (c) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than ten nor more than twenty-five dollars.
 §16-9A-8. All retailers to be licensed.
(a) Beginning on the first day of March, two thousand one, any person or firm engaged in the sale of any tobacco or tobacco related product to consumers in this state shall apply for and receive a license to sell tobacco and tobacco related products.
(b) The person or firm shall make application to the state tax commissioner on the same form prescribed by the commissioner for application of a business franchise tax certificate. The license shall be printed on the same certificate issued for the business franchise tax.
(c) Any person or firm who sells any tobacco or tobacco related product after the first day of July, two thousand one, without being duly licensed as provided for hereunder is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred nor more than two thousand five hundred dollars.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

HEALTH AND HUMAN RESOURCES COMMITTEE TITLE AMENDMENT


H. B. 4436 -- "A Bill to amend and reenact section two, article nine-a, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, and to further amend said article nine-a by adding thereto a new section, designated section eight, all relating to sales of tobacco and tobacco related products; requiring verification of age by means of reliable photographic identification or other documentary evidence of age prior to sales of tobacco and tobacco related products to any person; restricting direct access to certain tobacco and tobacco related products; creating exemptions, clarifying criminal penalties for violations as they apply to individuals; requiring any person selling tobacco or tobacco related products in this state to apply for and receive a license from the state tax department and providing criminal penalties for selling tobacco products without a license."